South Florida Real Estate

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Buyer Broker Agreement:
BUYER BROKER AGREEMENT 1. APPOINTMENT OF BROKER: By this contract (“Buyer”)appoints Broker, Andrew James and SJ Grant Realty, Hollywood Florida, ("Broker") as Buyer’s exclusive agent, subject to the terms and conditions stated in this Contract, as governed under the laws of the state of Florida. By appointing Broker as Buyer’s agent, Buyer agrees to conduct all negotiations for the types of condos, singe family and multifamily, and commercial real estate through Broker, and refer to Broker all inquiries made to Buyer about such properties from other brokers, salespersons, sellers and others during the term of this contract."Negotiation" as used in this agreement shall mean property shown, negotiated, or information requested by Buyer through Broker. 2. PURPOSE OF AGENCY: Buyer desires to purchase or lease real estate property located within the state of Florida (which may include items of personal property) described as follows: Type: (X ) Residential (X ) Commercial (X ) Industrial (X ) Vacant Land (X ) Other 3. BROKER’S DUTIES: (a) The Broker shall provide to Buyer a meaningful explanation of agency and shall use Broker’s professional real estate knowledge and skills to represent the Buyer in a diligent and effective manner and to locate property which is available for purchase or lease and suitable to the Buyer; (b) if the Broker is not representing the seller, the Broker shall represent solely the interest of the Buyer in all negotiations and transactions regarding the acquisition ofreal property, and repudiate any agency or subagency relationship with the seller or the company representing the sellerand shall not claim the subagency compensation offered to the selling broker in the Multiple Listing Service; (c) if the Broker represents the seller as well as the Buyer (i.e.,. disclosed dual agency), the Broker shall not disclose to the Buyer information obtained within the confidentiality and trust of the fiduciary relationship with the seller, nor disclose to the seller information similarly obtained from the Buyer, without the consent of the party adversely affected by the disclosure; (d) the Broker may represent other buyers who may be interested in the same property as the Buyer. Upon the termination or completion of this agreement, Broker shall keep confidential all information received during the course of this agreement which was made confidential by written request or instructions from the client, except as provided for under Florida law. Broker represents that Broker is duly licensed under the laws of the State of Florida as a real estate broker. Broker will use his best efforts as Buyer’s agent to locate property of the type described herein and to negotiate acceptance of any offer by Buyer to purchase or lease such property. During the term of this Contract, Broker will give Buyer information describing and identifying properties which appear to Broker to substantially meet the conditions set forth in Section 2. IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. TRANSACTION BROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. As a transaction broker, PINNACLE REALTY ASSOCIATES, Inc. and its associates, provides to you a limited form of representation that includes the following duties: I. Dealing honestly and fairly; II. Accounting for all funds; III. Using skill, care, and diligence in the transaction; IV. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer; V. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; VI. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and VII. Any additional duties that are entered into by this or by separate written agreement. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties. 4. BUYER’S DUTIES. BUYER AGREES TO:(A) Work with Broker and its Affiliated licensees during the term of this agreement by: (1) allowing Broker or Salesperson (Jacky Goff) to identify property, negotiate for Buyer and otherwise to represent Buyer; and (2) holding Broker harmless from liability as a result of incomplete/inaccurate information provided to Broker by Buyer or Seller; (3) holding Broker harmless from liability as a result of Seller’s failure to provide a complete Seller’s Property Condition Disclosure statement and (4) indemnifying Broker against all claims, damages, losses, expenses, or liability arising from the handling of earnest money by anyone other than Broker. (B) Assist Broker and its Affiliated Licensees in the process of identifying, negotiating and contracting to purchase, lease or otherwise acquire by: (1) providing Broker with reliable information (including financial information and written authorization to obtain verification of funds) that Broker deems necessary for the performance of this Agreement; and (2) making himself available to meet with Broker and to see properties, in order that the Broker will be able to perform the promises of the Brokerage Engagement.(C) Provide Broker and its Affiliated Licensees the following information: (1) general nature, location, and requirements of desired property; and (2) price range, and other terms and conditions relating to desired property.(D) To authorize Buyer’s attorneys and the settlement agent to furnish to Broker copies of the final HUD-1 settlement statement for the transaction prior to the closing date. 5. COMPENSATION OF BROKER: Brokers fees will be deemed earned when Buyer is under contract to purchase any property presented by Broker or negotiated by Buyer. This fee will be due and payable at closing or upon Buyer's default. If Buyer defaults, the total compensation that would have been due Broker will be due and payable immediately in cash from the Buyer. In consideration of the services performed by Broker under the terms of this Contract, Buyer agrees to pay Broker the following fee(s): a. Retainer Fee: Buyer will pay Broker a nonrefundable retainer fee of $ N/A due and payable upon the signing of this contract. This fee [ ] shall or [ ] shall not be credited against the Brokerage fee. b. Service Fee: Buyer shall pay Broker a Service Fee of $ N/A of the total purchase price to be paid on ,20,whether or not Buyer purchases any property. (Check applicable sub-section.)[ ] This Service Fee shall be the only fee due Broker from Buyer under the terms of this Contract.[ ] This Service Fee shall be credited against the Brokerage Fee described in subsection (c) below and shall be kept by Broker whether or not a Brokerage Fee is earned.[ ] This Service Fee shall be credited against the Brokerage Fee described in subsection (c) below and shall be kept by Broker whether or not a Brokerage Fee is earned, unless Buyer enters in to a purchase and sale agreement. In the event that Buyer enters into a purchase and sale or lease agreement, Buyer and Broker agree that the above Service Fee will be credited against the Brokerage Fee as defined below.c. Brokerage Fee: Buyer shall pay Broker a Brokerage Fee of 3 % of the purchase or total lease price (plus renewals, if applicable) of any property purchased or leased by Buyer, including “For Sale by Owner” properties, in cash at closing. If within 365 days after the expiration of this Contract Buyer purchases or leases any property which Broker has shown, emailed, presented or discussed with buyer or negotiated during the term of this Contract, Buyer will pay Broker the Brokerage Fee stated above. Broker shall use his best efforts to obtain payment of the Brokerage Fee out of the transaction, but Buyer shall have the obligation to pay Broker the Brokerage Fee set forth in this Contract if Broker cannot obtain payment of such fee out of the transaction. Any fees paid by the Seller or Seller’s agent shall be credited against the Brokerage fee up to a maximum credit of 3%. Should Seller or Seller's agent agree to pay broker a fee in excess of 3%, Buyer will owe Broker nothing further and Broker will owe Buyer nothing further and no further credit. 6. TERM OF AGENCY: Broker’s authority to act as Buyer’s exclusive agent under the terms of this Contract shall begin upon the date of receipt of the online form submission and last for 180 days, unless changes are agreed to in writing by both parties. 6. TRANSACTION BROKER AGENCY DESIGNATION: Buyer acknowledges that Broker will serve as a designated Transaction Broker, as governed under the laws of the state of Florida, for the term of this agreement. If Broker is to also serve as a dual agent for any transaction involving the Buyer, Broker will communicate such participation to the Buyer prior to closing of the transaction. 7. OTHER POTENTIAL BUYERS: Buyer understands that other potential buyers have entered into similar agency contracts with Broker which may involve the purchase or lease, through Broker of the same or similar property or properties as Buyer is attempting to purchase or lease. Buyer consents to Broker’s representation of such other buyers. 8. INDEMNIFICATION OF BROKER: Buyer promises to disclose to Broker whether Buyer has signed any agency agreement with any other Broker, or has been given prior information about any property that is the subject of this Contract by any other Broker or salesperson, or has previously been shown any such property by any other broker or salesperson. If Buyer fails to tell Broker about such other broker’s or salesperson’s involvement, and Broker incurs any loss or damage as a result of any claim being brought against him on account of such involvement, due to no fault of Broker, then Buyer shall pay Broker all such losses and damages incurred by Broker because of such claim. 9. DISCLOSURE OF BUYER'S IDENTITY: The Broker is granted the Buyer's permission to disclose Buyer's identity to all property owners and other third parties. 10. NONDISCRIMINATION: Broker and Buyer agree that all actions carried out under this contract shall be in full compliance with local, state, and federal fair housing laws against discrimination on the basis of race, creed, color, religion, national origin, sex familial status, marital status, age or disabilities. 11. PROFESSIONAL COUNSEL: Buyer acknowledges that Broker is being retained solely as a real estate agent and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, home inspector or other professional service provider. Buyer agrees to seek professional advice concerning the condition of the property, legal, tax and other professional service matters. 12. MEDIATION CLAUSE: Any dispute or claim arising out of or relating to this Agreement between the Buyer or Broker, regarding the breach of this Agreement or the services provided in relation to this Agreement, shall be mediated and must be submitted to mediation in accordance with the Rules and Procedures of the Dispute Resolution System of the NATIONAL ASSOCIATION OF REALTORS®. Disputes shall include representations made by Buyer, or Broker in connection with the services to which this Agreement pertains. Any agreement entered into by the parties pursuant to the mediation conference shall be binding. This mediation clause shall survive for a period of 120 days after the date of the transaction closing or termination date of this agreement. 13. ENTIRE BINDING AGREEMENT: This written instrument, including the additional terms and conditions set forth herein expresses the entire agreement and all promises, convenants, and warranties between the Buyer and Broker. It can be changed only by a subsequently written instrument signed by both parties. 14. FACSIMILE AND OTHER ELECTRONIC MEANS: The parties agree that this Agreement may be communicated by use of a fax or other electronic means, including but not limited to electronic mail and the internet, and the signatures, initials and handwritten or typewritten modifications to any of the foregoing shall be deemed to be valid and binding upon the parties as if the original signatures, initials and handwritten or typewritten modifications were present on the documents in the handwriting of each party. THIS IS A LEGALLY BINDING AGREEMENT. BUYER SHALL SEEK FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. BUYER AND BROKER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. BUYER AGREES TO RECEIVE COMMUNICATIONS FROM BROKER AT THE EMAIL ADDRESS, PHONE AND FAX NUMBER AND ADDRESS PROVIDED TO BROKER. Buyer is responsible for providing and updating valid contact information to Broker. If no valid contact information is available for Buyer in Broker's records, Broker is not required to give notice of termination or breach of the agreement to Buyer. Buyer understands and agrees that submission of this online agreement document carries the same legal standing and validity as a printed and signed legal contract. BUYER HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.

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South Florida Real Estate

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Buyer Broker Agreement:	BUYER BROKER AGREEMENT 1. APPOINTMENT OF BROKER: By this contract (“Buyer”)appoints Broker, Andrew James and SJ Grant Realty, Hollywood Florida, ("Broker") as Buyer’s exclusive agent, subject to the terms and conditions stated in this Contract, as governed under the laws of the state of Florida. By appointing Broker as Buyer’s agent, Buyer agrees to conduct all negotiations for the types of condos, singe family and multifamily, and commercial real estate through Broker, and refer to Broker all inquiries made to Buyer about such properties from other brokers, salespersons, sellers and others during the term of this contract."Negotiation" as used in this agreement shall mean property shown, negotiated, or information requested by Buyer through Broker. 2. PURPOSE OF AGENCY: Buyer desires to purchase or lease real estate property located within the state of Florida (which may include items of personal property) described as follows: Type: (X ) Residential (X ) Commercial (X ) Industrial (X ) Vacant Land (X ) Other 3. BROKER’S DUTIES: (a) The Broker shall provide to Buyer a meaningful explanation of agency and shall use Broker’s professional real estate knowledge and skills to represent the Buyer in a diligent and effective manner and to locate property which is available for purchase or lease and suitable to the Buyer; (b) if the Broker is not representing the seller, the Broker shall represent solely the interest of the Buyer in all negotiations and transactions regarding the acquisition ofreal property, and repudiate any agency or subagency relationship with the seller or the company representing the sellerand shall not claim the subagency compensation offered to the selling broker in the Multiple Listing Service; (c) if the Broker represents the seller as well as the Buyer (i.e.,. disclosed dual agency), the Broker shall not disclose to the Buyer information obtained within the confidentiality and trust of the fiduciary relationship with the seller, nor disclose to the seller information similarly obtained from the Buyer, without the consent of the party adversely affected by the disclosure; (d) the Broker may represent other buyers who may be interested in the same property as the Buyer. Upon the termination or completion of this agreement, Broker shall keep confidential all information received during the course of this agreement which was made confidential by written request or instructions from the client, except as provided for under Florida law. Broker represents that Broker is duly licensed under the laws of the State of Florida as a real estate broker. Broker will use his best efforts as Buyer’s agent to locate property of the type described herein and to negotiate acceptance of any offer by Buyer to purchase or lease such property. During the term of this Contract, Broker will give Buyer information describing and identifying properties which appear to Broker to substantially meet the conditions set forth in Section 2. IMPORTANT NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO ALL POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. TRANSACTION BROKER NOTICE FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION. As a transaction broker, PINNACLE REALTY ASSOCIATES, Inc. and its associates, provides to you a limited form of representation that includes the following duties: I. Dealing honestly and fairly; II. Accounting for all funds; III. Using skill, care, and diligence in the transaction; IV. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer; V. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; VI. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and VII. Any additional duties that are entered into by this or by separate written agreement. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties. 4. BUYER’S DUTIES. BUYER AGREES TO:(A) Work with Broker and its Affiliated licensees during the term of this agreement by: (1) allowing Broker or Salesperson (Jacky Goff) to identify property, negotiate for Buyer and otherwise to represent Buyer; and (2) holding Broker harmless from liability as a result of incomplete/inaccurate information provided to Broker by Buyer or Seller; (3) holding Broker harmless from liability as a result of Seller’s failure to provide a complete Seller’s Property Condition Disclosure statement and (4) indemnifying Broker against all claims, damages, losses, expenses, or liability arising from the handling of earnest money by anyone other than Broker. (B) Assist Broker and its Affiliated Licensees in the process of identifying, negotiating and contracting to purchase, lease or otherwise acquire by: (1) providing Broker with reliable information (including financial information and written authorization to obtain verification of funds) that Broker deems necessary for the performance of this Agreement; and (2) making himself available to meet with Broker and to see properties, in order that the Broker will be able to perform the promises of the Brokerage Engagement.(C) Provide Broker and its Affiliated Licensees the following information: (1) general nature, location, and requirements of desired property; and (2) price range, and other terms and conditions relating to desired property.(D) To authorize Buyer’s attorneys and the settlement agent to furnish to Broker copies of the final HUD-1 settlement statement for the transaction prior to the closing date. 5. COMPENSATION OF BROKER: Brokers fees will be deemed earned when Buyer is under contract to purchase any property presented by Broker or negotiated by Buyer. This fee will be due and payable at closing or upon Buyer's default. If Buyer defaults, the total compensation that would have been due Broker will be due and payable immediately in cash from the Buyer. In consideration of the services performed by Broker under the terms of this Contract, Buyer agrees to pay Broker the following fee(s): a. Retainer Fee: Buyer will pay Broker a nonrefundable retainer fee of $ N/A due and payable upon the signing of this contract. This fee [ ] shall or [ ] shall not be credited against the Brokerage fee. b. Service Fee: Buyer shall pay Broker a Service Fee of $ N/A of the total purchase price to be paid on ,20,whether or not Buyer purchases any property. (Check applicable sub-section.)[ ] This Service Fee shall be the only fee due Broker from Buyer under the terms of this Contract.[ ] This Service Fee shall be credited against the Brokerage Fee described in subsection (c) below and shall be kept by Broker whether or not a Brokerage Fee is earned.[ ] This Service Fee shall be credited against the Brokerage Fee described in subsection (c) below and shall be kept by Broker whether or not a Brokerage Fee is earned, unless Buyer enters in to a purchase and sale agreement. In the event that Buyer enters into a purchase and sale or lease agreement, Buyer and Broker agree that the above Service Fee will be credited against the Brokerage Fee as defined below.c. Brokerage Fee: Buyer shall pay Broker a Brokerage Fee of 3 % of the purchase or total lease price (plus renewals, if applicable) of any property purchased or leased by Buyer, including “For Sale by Owner” properties, in cash at closing. If within 365 days after the expiration of this Contract Buyer purchases or leases any property which Broker has shown, emailed, presented or discussed with buyer or negotiated during the term of this Contract, Buyer will pay Broker the Brokerage Fee stated above. Broker shall use his best efforts to obtain payment of the Brokerage Fee out of the transaction, but Buyer shall have the obligation to pay Broker the Brokerage Fee set forth in this Contract if Broker cannot obtain payment of such fee out of the transaction. Any fees paid by the Seller or Seller’s agent shall be credited against the Brokerage fee up to a maximum credit of 3%. Should Seller or Seller's agent agree to pay broker a fee in excess of 3%, Buyer will owe Broker nothing further and Broker will owe Buyer nothing further and no further credit. 6. TERM OF AGENCY: Broker’s authority to act as Buyer’s exclusive agent under the terms of this Contract shall begin upon the date of receipt of the online form submission and last for 180 days, unless changes are agreed to in writing by both parties. 6. TRANSACTION BROKER AGENCY DESIGNATION: Buyer acknowledges that Broker will serve as a designated Transaction Broker, as governed under the laws of the state of Florida, for the term of this agreement. If Broker is to also serve as a dual agent for any transaction involving the Buyer, Broker will communicate such participation to the Buyer prior to closing of the transaction. 7. OTHER POTENTIAL BUYERS: Buyer understands that other potential buyers have entered into similar agency contracts with Broker which may involve the purchase or lease, through Broker of the same or similar property or properties as Buyer is attempting to purchase or lease. Buyer consents to Broker’s representation of such other buyers. 8. INDEMNIFICATION OF BROKER: Buyer promises to disclose to Broker whether Buyer has signed any agency agreement with any other Broker, or has been given prior information about any property that is the subject of this Contract by any other Broker or salesperson, or has previously been shown any such property by any other broker or salesperson. If Buyer fails to tell Broker about such other broker’s or salesperson’s involvement, and Broker incurs any loss or damage as a result of any claim being brought against him on account of such involvement, due to no fault of Broker, then Buyer shall pay Broker all such losses and damages incurred by Broker because of such claim. 9. DISCLOSURE OF BUYER'S IDENTITY: The Broker is granted the Buyer's permission to disclose Buyer's identity to all property owners and other third parties. 10. NONDISCRIMINATION: Broker and Buyer agree that all actions carried out under this contract shall be in full compliance with local, state, and federal fair housing laws against discrimination on the basis of race, creed, color, religion, national origin, sex familial status, marital status, age or disabilities. 11. PROFESSIONAL COUNSEL: Buyer acknowledges that Broker is being retained solely as a real estate agent and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, home inspector or other professional service provider. Buyer agrees to seek professional advice concerning the condition of the property, legal, tax and other professional service matters. 12. MEDIATION CLAUSE: Any dispute or claim arising out of or relating to this Agreement between the Buyer or Broker, regarding the breach of this Agreement or the services provided in relation to this Agreement, shall be mediated and must be submitted to mediation in accordance with the Rules and Procedures of the Dispute Resolution System of the NATIONAL ASSOCIATION OF REALTORS®. Disputes shall include representations made by Buyer, or Broker in connection with the services to which this Agreement pertains. Any agreement entered into by the parties pursuant to the mediation conference shall be binding. This mediation clause shall survive for a period of 120 days after the date of the transaction closing or termination date of this agreement. 13. ENTIRE BINDING AGREEMENT: This written instrument, including the additional terms and conditions set forth herein expresses the entire agreement and all promises, convenants, and warranties between the Buyer and Broker. It can be changed only by a subsequently written instrument signed by both parties. 14. FACSIMILE AND OTHER ELECTRONIC MEANS: The parties agree that this Agreement may be communicated by use of a fax or other electronic means, including but not limited to electronic mail and the internet, and the signatures, initials and handwritten or typewritten modifications to any of the foregoing shall be deemed to be valid and binding upon the parties as if the original signatures, initials and handwritten or typewritten modifications were present on the documents in the handwriting of each party. THIS IS A LEGALLY BINDING AGREEMENT. BUYER SHALL SEEK FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. BUYER AND BROKER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. BUYER AGREES TO RECEIVE COMMUNICATIONS FROM BROKER AT THE EMAIL ADDRESS, PHONE AND FAX NUMBER AND ADDRESS PROVIDED TO BROKER. Buyer is responsible for providing and updating valid contact information to Broker. If no valid contact information is available for Buyer in Broker's records, Broker is not required to give notice of termination or breach of the agreement to Buyer. Buyer understands and agrees that submission of this online agreement document carries the same legal standing and validity as a printed and signed legal contract. BUYER HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.